JAPAN Law and Practice Contributed by: Junichi Ueda, Etsuko Hara, Nobuto Shirane, Takahiro Hayase, Yutaka Shimoo and Miki Goto, Anderson Mori & Tomotsune
As for remedies for infringement, the author, the copyright holder, the holder of the right of publication, the performer or the holder of the neighbouring rights may file a claim for: • an injunction; • disposal of infringing compositions, etc; • damages; • restoration of credibility; or • restitution of unjust enrichment. There are presumptive provisions regarding the amount of damages that may arise as a result of an infringement of copyrights. Acts of importing products infringing copyrights are subject to border control measures under the Customs Act. Any intentional infringement of a copyright is also subject to criminal penalties. A copyright infringement is, in principle, a crime subject to prosecution after a complaint has been made. However, following the conclusion of the Trans- Pacific Partnership Agreement, distributing pirated copies of movies over the internet has become a crime in and of itself, and no longer requires a complaint. 7.5 Others Devices relating to the shape or structure of an article or a combination of articles are protected by the Utility Model Act without any requirement for a substantial examination to be conducted. Computer programs contained in software are mainly protected by the Copyright Act as copy - righted works of program. Software-related inventions may also be granted patents, pro - vided that they involve hardware control or pro - cess-using hardware. Designs, flowcharts and manuals contained in software are protected by
the Copyright Act as copyrighted works of lan - guage or of diagrams. No sui generis database right exists in Japan. Copyright protection extends to databases if they constitute a creation by reason of the selec - tion or systematic construction of information contained therein. Trade secrets are protected by the Unfair Com - petition Prevention Act. “Trade secret” in this Act is defined as technical or business information useful for business activities, such as manufac - turing or marketing methods, that are kept secret and that are not publicly known. A trade secret infringement may give rise to a suit for an injunc - tion, a claim for damages or a claim for recovery of credit, etc. There are presumptive provisions regarding the amount of damages that may arise as a result of an infringement of trade secrets. In a lawsuit for the infringement of business interests by unfair competition, if a court decides that it is neces - sary to maintain the secrecy of trade secrets held by a party to the lawsuit, a confidentiality protective order or a suspension of disclosure (including omitting an examination of the par - ties) may be issued. A trade secret infringement with a high degree of illegality is also subject to criminal penalties. New plant varieties are protected by the Plant Variety Protection and Seed Act. The circuit layout of semiconductor integrated circuits is protected by the Act on the Circuit Layout of Semiconductor Integrated Circuits.
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